General Office of the State Council: to vigorously protect IPRs and create favorable environment for entrepreneurship and innovation

According to the State Council’s website, the Notice of General Office of the State Council on Focusing on Enterprises’ Concerns and Further Promoting the Implementation of the Policy on Optimization of Business Environment (hereinafter referred to as “the Notice”) was released on November 8. The Notice consists of 26 items in 7 parts, including “breaking the improper threshold and constraints and creating market environment of fair competition”, “promoting the foreign investment and trade facilitation and improving the opening-up”, “continuously enhancing the approval service quality and work efficiency”, “further easing the tax-fee burden on enterprises and cutting the production and operational costs of enterprises”, “vigorously protecting the property rights and creating favorable environment for entrepreneurship and innovation”, “strengthening the in-process and afterwards regulation and maintaining the good market order” and “ consolidating leadership and further identifying the work responsibilities”.

It is stressed in the Notice that in order to further reduce the tax-fee burden on businesses and cut their production and operational cost, efforts should be made to clarify the operational service charges in the fields of logistics, certification, inspection and testing and public utilities; rectify arbitrary charging by the subsidiary units of government agencies, industrial associations and chambers and intermediary organs; and properly cut corporate margin and rate of social security premium to ease the burden on enterprises.

In order to vigorously protect IPRs and create favorable environment for entrepreneurship and innovation, it is clearly stated in the Notice that the IPR protection system should be built in a faster pace. CNIPA should take measures to improve the quality and efficiency of patent and trademark examination and advance the electronization across the board, so as to ensure that the pendency of trademark registration can be reduced within 6 months and that of high-value patent application examination can be shortened by over 10% before the end of 2018. Various protection measures should be implemented without delay. The National Development and Research Commission and the Ministry of Justice should supervise different authorities in different areas in finishing the work on sorting out the regulations and rules documents unfavorable for property protection. The clear-out work shall be reported to the State Council before the end of 2018.